H. B. 2341
(By Delegate Michael)
[Introduced January 19, 2007; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §8A-12-11 of the Code of West Virginia,
1931, as amended, relating to defining the term farm woodland
and to provide that selective commercial harvesting of mature
timber is permitted under the "Farmland Preservation Act."
Be it enacted by the Legislature of West Virginia:
That §8A-12-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. VOLUNTARY FARMLAND PROTECTION PROGRAMS.
§8A-12-11. Definitions.
For purposes of the voluntary farmland protection programs,
the following terms have the meanings set forth in this section.
(a) Acquisition of easement. -- The holding or coholding of
land-use restrictions as defined in this article, whether obtained
through purchase, gift, devise, bequest, grant or contract to cohold with another holder.
(b) Conservation easement. -- This article incorporates the
definition of a conservation easement found in section three,
article twelve, chapter twenty of this code, except that a
conservation easement created under this article must be held or
coheld by at least one "holder" as defined in that section in
perpetuity.
(c) Farm, farmland or agricultural land. -- A tract, or
contiguous tracts of land, of any size, used or useable for
agriculture, horticulture or grazing and includes all real property
designated as wetlands that are part of a property used or useable
as farmland.
(d) Preservation easement. -- This article incorporates the
definition of a preservation easement found in section three,
article twelve, chapter twenty of this code, except that a
preservation easement created under this article must be held or
coheld by at least one "holder" as defined in that section and must
be perpetual in its duration.
(e) Woodland. -- Woodland shall be considered land of a farm
only if it is part of or appurtenant to a tract of land which is a
farm, or held by common ownership of a person or entity owning a
farm, but in no event may woodland include land used primarily in
commercial forestry or the growing of timber for commercial
purposes or any other use inconsistent with farm use is land in use primarily for commercial forestry, with no opportunity for
agricultural conversion. Woodlands are lands that are in any other
use inconsistent with farm use. Woodlands are not farmlands, and
they are not a part of or appurtenant to a tract of land which is
a farm.
(f) Farm woodland. -- Farm woodland is woodland, convertable
to agriculture land or is a part of or appurtenant to a tract of
land that is a farm. Conversion of farm woodland to agricultural
land and the selective commercial harvesting of mature timber and
associated road construction is permitted on farm woodland.
(f) (g) Opt-out provision. -- A provision which may be
inserted into any conservation or preservation easement agreement
entered into pursuant to this article which would act as a
mechanism to place the easement selling price into an escrow fund
for the purpose of allowing the owner or owners up to five years to
rescind the decision to enter into the farmland protection program.
NOTE: The purpose of this bill is to define the term farm
woodland and to provide that selective commercial harvesting of
mature timber is permitted under the "Farmland Preservation Act".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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